Court of Appeal hands down judgment in Robinson v Al Qasimi
Robinson v His Highness Sheikh Khalid Bin Saqr Al Qasim [2021] EWCA Civ 862
Last week the Court of Appeal handed down judgment in Robinson v Al Qasimi. This appeal concerned the defence of illegality in an employment context and the statutory interim relief regime in the context of alleged automatic unfair dismissal. In relation to the illegality defence, the Court of Appeal held that the long-standing test of […]
Court of Appeal dismisses appeal concerning interim relief and discrimination claims
Steer v Stormsure Ltd [2021] EWCA Civ 887
The Court of Appeal has handed down a highly anticipated judgment concerning interim relief in discrimination and victimisation claims in the Employment Tribunal. The Appellant was employed by the Respondent and alleges that, during this period of employment, she was subjected to sexual harassment by a colleague. The Appellant presented a grievance and asked to […]
Court of appeal finds remedies in unintentional indirect discrimination case compatible with EU law
Wisbey v Commissioner of the City of London Police & Anr [2021] EWCA Civ 650
The appellant is a police officer in the City of London Force (the first respondent in the proceedings before the Tribunal, and the respondent in this appeal). He was an authorised firearms officer (“AFO”). Throughout his employment as a police officer he has had a form of defective colour vision which had no obvious effect […]
Court of Appeal refuse application for judicial review against CPS handling of rape cases
R (End Violence Against Women Coalition) v The Director Of Public Prosecution [2021] EWCA Civ 350
This is the judgment of the court on an application for judicial review being heard at first instance in the Court of Appeal. The claimant is a campaigning organisation with deep concerns about the low and declining rate of prosecutions for rape and serious sexual offences when compared with the number of alleged offences reported […]
Court of Appeal rules Litigation Funding Agreements are not subject to regulation as Damage-Based Agreements
Paccar Inc. v RHA and UKTC [2021] EWCA Civ 299.
The case concerned the question of whether litigation funding agreements were to be classified as ‘damages-based agreements’ falling within the terms of section 58AA(3) of the Courts and Legal Services Act 1990 and were therefore unenforceable unless they conformed with Damages-Based Agreements Regulations 2013 (and were altogether unenforceable in competition law ‘opt out’ damages claims, […]